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Arrest Made In Crossing Guard Road Rage Attack

Posted: 9:21 a.m. PDT October 15, 2003

The man suspected of beating two school crossing guards Tuesday in San Jose was in police custody, authorities announced early Wednesday morning.

Ivan Nunez, 38, of San Jose, was arrested around 2 a.m. in a motel off Old Oakland Road in San Jose, according to police spokeswoman Catherine Unger.

The department's SWAT team was assigned the task of finding and apprehending Nunez because "what we found in his criminal history and the fact that he's a parolee lead us to determine he was a pretty high-risk suspect," Unger said.

But Nunez "gave up without incident and complied with officers," Unger said. He is being held for parole violation and unspecified assault charges in Santa Clara County Jail, and should be arraigned by Friday, Unger said.

It was just before 8 a.m. Tuesday when Nunez was allegedly driving erratically on Martin Avenue near August Boeger Middle School. He drove through the intersection while the crossing guards held up their stop signs and children were crossing the street, according to Unger.

"He got really angry, pulled over and physically assaulted one of the crossing guards, punched him in the face and threw him to the ground," Unger said.

Chieu Nguyen, 47, was transported to a local hospital following the assault, and according to Unger was still being observed for possible bleeding on the brain.

The second crossing guard, Poan Pho, 56, was also injured after trying to assist Nguyen, but was then sent home, Unger said.

After the incident, area residents and passersby were "so astonished" by what had happened that several people quickly came forward with descriptions of Nunez and his vehicle, according to Unger. Those tips resulted in his apprehension, she said.

Unger described Nunez as "huge," standing about 5'11" and weighing 220 pounds. She said he was already on parole for an unspecified conviction, and does have an extensive criminal history.

"When you're on parole you have to live a pretty straight life, and obviously he didn't understand that," Unger said.

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